Extracted from the PDF above. The PDF is authoritative.
2025:HHC:36129 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No.
16882
of 2025
Decided on: 30.10.2025 Sito Devi
… Petitioner Versus State of H.P. and others
… Respondents Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge. Whether approved for reporting?1 _____________________________________________________ For the petitioner : Mr. Neeraj Maniktala, Advocate. For the respondents : Mr. Pushpinder Jaswal, Additional Advocate General. Ajay Mohan Goel, Judge (Oral) Notice. Mr. Pushpinder Jaswal, learned Additional Advocate General, accepts notice on behalf of the respondents. 2. In light of the controversy involved in this petition, the same is being disposed of at this stage itself. 3. The petitioner is aggrieved by order dated 16.10.2025 (Annexure P-5), passed by learned Divisional Commissioner, Shimla, in terms whereof, restoration application filed by the petitioner herein for restoration of his appeal has been dismissed by the Authority. 4. Having heard learned Counsel for the petitioner as well as learned Additional Advocate General and having perused the impugned order, this Court is of the considered view that there is no infirmity therein. 5. Learned Counsel for the petitioner could not dispute that after the dismissal of the appeal, earlier also a restoration application 1 Whether reporters of the local papers may be allowed to see the judgment? 2 2025:HHC:36129 was dismissed for non prosecution, hence, learned Divisional Commissioner rightly rejected the subsequent application filed by the petitioner for restoration of the appeal. 6. Therefore, as already observed hereinabove, this Court does not find any infirmity in the impugned order. However, in the interest of justice, just to give an opportunity to the petitioner to put- forth his case on merit, this Court is showing indulgence, subject to payment of cost of Rs.20,000/- by the petitioner, which shall be deposited with “Chief Justice Disaster Relief Fund, 2025”, within a period of three weeks from today. In the event of the cost being deposited by the petitioner with “Chief Justice Disaster Relief Fund”, the petitioner shall produce a copy of this order before learned Divisional
Commissioner
alongwith
an
acknowledgment demonstrating deposition of the cost and thereafter, learned Divisional Commissioner shall restore the application filed for restoration of the appeal and allow the same and hear the appeal on merit.
However, it is clarified that in case cost is not deposited by the petitioner within three weeks from today, then this order will lose its efficacy and the impugned order passed by learned Divisional Commissioner shall govern the field. Petition stands disposed of. Pending miscellaneous applications, if any, also stand disposed of accordingly. (Ajay Mohan Goel)
Judge October
30 , 2025
(Rishi)